Kentucky Marital Settlement (Divorce) Agreement Form [PDF]

A Kentucky marital settlement agreement is a legal document that contains all agreements reached during the negotiations related to a divorce process. Among the other important sections, this document must cover matters such as child custody, alimony, and the distribution of marital property.

Spouses can agree on the terms of their divorce outside of court. To do this, they customize the marital settlement agreement template to meet their needs and submit it to the court along with other divorce documents. This way, it becomes part of the divorce decree.

Divorce Forms

The divorce forms must be filed with the circuit court clerk in the county where the petitioner resides. The parties should pay a filing fee should be paid, which varies depending on the county but usually ranges between $110 and $160. The waiting period for the divorce finalization is 60 days.

Divorce Laws and Legal Requirements in Kentucky

The divorce laws and legal requirements in Kentucky provide guidance and legal protection to married couples in the divorce process. Here are some of them that cover key aspects of divorce:

How to File for a Divorce in Kentucky in 5 Steps

Married couples should follow these five steps to file for divorce in Kentucky and ensure a smooth process:

#1. Meet the Legal Requirements

As stated earlier in this article, to meet the legal requirements, one spouse must have been a Kentucky resident for at least 180 days before filing for divorce. Additionally, spouses must live separately or in the same home without sexual relations for at least 60 days before the court can finalize the divorce.

Keep in mind that these requirements are common in all counties in Kentucky. It would be a good idea to get information on any additional requirements from the circuit court clerk in the county where spouses reside and plan to file for divorce.

#2. Complete and File the Divorce Papers

The next thing to do is to complete and file the divorce papers. Here is a list of all the documents needed by the court:

• Petition for dissolution of marriage: This document is obtained from the court, and the petitioner must provide information on both spouses and their marriage.

• Civil case cover sheet: This document provides a summary of the case and helps the court clerks with administrative tasks.

• Summons: The purpose of this document is to inform the respondent about the divorce complaint.

• Case data information sheet: This document provides additional information about the case, spouses, and their children.

• Verified disclosure statement: This document provides information about spouses' assets, income, and financial support.

• Acknowledgment of verified disclosure statement: This document serves as proof that the party provided a disclosure.

• Certificate of divorce or annulment: This document is needed to finalize the divorce.

When all documents are completed, the petitioner should file them with the circuit court clerk and pay a filing fee.

#3. Serve Divorce Papers

The petitioner must serve divorce papers and a summons on the respondent. There are several ways to do this, such as in-person delivery, professional delivery service, or delivery by the county sheriff. An important thing to remember is that the court needs written proof of delivery.

The respondent now has 20 days to submit the response. If they disagree with the petition terms, a contested divorce process will start, and the court will decide on alimony, custody, or marital property instead of spouses.

#4. Divorce Settlement Agreement

If spouses have already agreed on all the matters related to the divorce process, they need to write everything down in the divorce settlement agreement form and sign it. This agreement is necessary for starting an uncontested divorce process, which is usually faster and smoother.

Additionally, the agreement should include a parenting plan if the local court does not require one as a separate document. When completed, it should be filed with the court along with the dissolution of marriage findings of fact and conclusions of law, deposition of petitioner, and motion for final decree.

#5. Final Hearing

When all the papers are completed and filed and 60 days have passed, the spouses will attend the final hearing. On that occasion, both parties can make a statement and provide evidence to support it.

The judge will listen to their statements and review the documents provided. If everything seems to be in order and the divorce settlement agreement is considered fair, they will sign the divorce decree. The clerk will send copies of the decree to the spouses, and the marriage will be finalized.

With this decree as legal proof, spouses can change their names if they request it in the divorce petition.